BILL NUMBER: SB 513	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2013
	AMENDED IN ASSEMBLY  AUGUST 6, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Hancock

                        FEBRUARY 21, 2013

   An act to add Section 851.87 to the Penal Code, relating to
diversion programs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 513, as amended, Hancock.  Diversion programs: sealed records.
   Existing law provides that, upon successful completion of a drug
diversion program or deferred entry of judgment program, the court
may order the sealing of court and arrest records of the diverted
charges where the interests of justice would be served, as specified.

   This bill would provide that in any case where a person is
arrested and successfully completes a  pre   filing
 diversion program administered by a prosecuting attorney in
lieu of filing an accusatory pleading, the person may petition the
superior court that would have had jurisdiction over the matter for
an order to seal the records of the arresting agency and related
court files and records, and the court may issue that order if the
court finds that doing so will be in furtherance of justice. The bill
would provide that the Department of Justice shall continue to be
able to maintain and disseminate any records or documents received or
maintained by it, as authorized by law.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that in order to
allow a person who has been arrested and who successfully completes a
 pre   filing  diversion program administered by a
prosecuting attorney in lieu of filing an accusatory pleading to
become a law abiding and productive member of society, the records of
the arresting agency and related court files and records shall be
sealed.
  SEC. 2.  Section 851.87 is added to the Penal Code, to read:
   851.87.  (a) (1) In any case where a person is arrested and
successfully completes a  pre  filing  diversion
program administered by a prosecuting attorney in lieu of filing an
accusatory pleading, the person may, two years after successful
completion of the  diversion  program as determined
by the prosecuting attorney, petition the superior court that would
have had jurisdiction over the matter to issue an order to seal the
records of the arresting agency and related court files and records,
and the court may order those records sealed if the court finds that
doing so will be in furtherance of justice. A copy of the petition
shall be served on the law enforcement agency and the prosecuting
attorney of the county or city having jurisdiction over the offense,
who may request a hearing within 60 days of receipt of the petition.
The court may hear the matter no less than 60 days from the date the
law enforcement agency and the prosecuting attorney receive a copy of
the petition. The prosecuting attorney and the law enforcement
agency, through the prosecuting attorney, may present evidence to the
court at the hearing.
   (2) If the order is made, the clerk of the court shall thereafter
not allow access to any records concerning the case, including the
court file, index, register of actions, or other similar records.
   (3) If the order is made, the court shall give a copy of the order
to the person and inform the person that he or she may thereafter
state that he or she was not arrested for the charge.
   (4) The person may, except as specified in subdivisions (b), (c),
and (d), indicate in response to any question concerning the person's
prior criminal record that the person was not arrested.
   (5) Subject to subdivisions (b), (c), and (d), a record pertaining
to the arrest shall not, without the person's permission, be used in
any way that could result in the denial of any employment, benefit,
or certificate.
   (6) A sealing order made pursuant to this subdivision shall not be
forwarded to the Department of Justice to be included or notated in
the department's manual or electronic fingerprint image or criminal
history record systems. Any sealing order made pursuant to this
subdivision and received by the Department of Justice need not be
processed by the department.
   (b) The person shall be advised that, regardless of the person's
successful completion of the  diversion  program,
the arrest shall be disclosed by the Department of Justice in
response to any peace officer application request, and that,
notwithstanding subdivision (a), this section does not relieve the
person of the obligation to disclose the arrest in response to any
direct question contained in any questionnaire or application for a
position as a peace officer, as defined in Section 830.
   (c) The person shall be advised that, regardless of the person's
successful completion of the  diversion  program,
the arrest shall be disclosed by the Department of Justice or the
court in which the matter was heard in response to any subsequent
inquiry by the district attorney, court, probation department, or
counsel for the person concerning the person's eligibility for any
diversion program administered by a prosecuting attorney in the
future.
   (d) A sealing order made pursuant to this section shall not apply
to any record or document received or maintained by the Department of
Justice. Upon issuing the sealing order, the court shall advise the
person that, notwithstanding the issuance of a sealing order pursuant
to this section, the Department of Justice shall continue to be able
to maintain and disseminate any records or documents received or
maintained by the department, as authorized by law. 
   (e) As used in this section, "prefiling diversion" is a diversion
from prosecution that is offered to a person by the prosecuting
attorney in lieu of, or prior to, the filing of an accusatory
pleading in court as set forth in Section 950.